65 Prevention of delay in trials
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

65  Prevention of delay in trials

(1)     Subject to subsections (2) and (3) below, an accused shall not be tried on indictment for any offence unless—

[(a)     where an indictment has been served on the accused in respect of the High Court, a preliminary hearing is commenced within the period of 11 months;

[(aa)     where an indictment has been served on the accused in respect of the sheriff court, a first diet is commenced within the period of 11 months;] and

(b)     in any case, the trial is commenced within the period of 12 months,

of the first appearance of the accused on petition in respect of the offence.

(1A)     If the preliminary hearing (where subsection (1)(a) above applies)[, the first diet (where subsection (1)(aa) above applies)] or the trial is not so commenced], the accused—

[(a)     shall be discharged forthwith from any indictment as respects the offence; and

(b)     shall not at any time be proceeded against on indictment as respects the offence].

(2)     Nothing in subsection (1) [or (1A)] above shall bar the trial of an accused for whose [apprehension] a warrant has been granted for failure to appear at a diet in the case.

(3)

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